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Acting Mayor Riley stated this is not the first nor the second problem that has been had with this. <br />He said his problem is that the applicant is asking for permission for the third time. <br />Mrs. Jones said they were not aware that they should not have the patio until they went in for a <br />meeting. <br />Mr. Jones added the people who installed their pool did say that there was a non -permanent <br />structure rule on the easement so they went by what the pool installer told them. He said he <br />gathered that nothing can go on the easement. <br />Mrs. Jones added this was not done purposefully. <br />Councilmember Woestehoff asked Staff in terms of these types of easements, although there may <br />only be one utility there currently, the City is reserving the right for other providers to use this <br />space in the future. <br />City Attorney Knaak said that is correct and the easement is for all utilities, current or future. <br />Councilmember Woestehoff stated that as the agreement is written, at any time a utility needs to <br />get in there, no matter what it is, those costs of tearing it up and fixing it goes to the homeowner. <br />He added that even though there is only one utility on the easement now, that is more than others <br />in the City as they are there for future use. <br />Councilmember Heineman shared the angle in which the shed is proposed in the plan is not parallel <br />with the line and asked if there was an opportunity to turn the shed so it was parallel with the edge <br />of the sports court. <br />Mr. Jones said it was at an angle to be straight with the house and it could be moved closer to the <br />neighbors to pull it off the corner. <br />Councilmember Heineman stated it looked like there were approximately five feet where they <br />could move it and be out of the easement, although it would not be in line with the direction of the <br />house, it would take it out of the easement. <br />Mr. Jones noted the space is actually less than five inches. <br />Councilmember Heineman asked if it was less than five inches away from the sports court. <br />Mr. Jones said it was less than five inches away from the six-foot easement from the neighbors. <br />Councilmember Heineman stated it looks like more than the five inches and asked City Planner <br />McCann to explain. <br />City Planner McCann said he can do a mock drawing to see what it would look like if it is five feet <br />off from the east line. <br />City Council / September 13, 2022 <br />Page 12 of 18 <br />